Patna High CourtCWJC/11653/2013withdrawn

Babita Sinha v. The State Of Bihar And ORS

2016-12-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11653 of 2013 ====================================================== Babita Sinha Wife of Manoj Sinha, resident of village - Gopalpur Panchayat Kena Prakhand Nawada, P.S. Mufasil, District - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, I.C.D.S., Bihar, Patna

3. The District Magistrate, Nawada

4. District Programme Officer, Nawada

5. The Child Development Programme Officer, Nawada, Sadar

6. The Mukhiya, Kena Gram Panchayat, P.O. Nawada, P.S. Mufasil, Nawada

7. Arpana Kumari Wife of Vikas Kumar, resident of village - Gopalpur, P.O. Odhanpura, P.S. Mufasil, Nawada, District - Nawada. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Asha Kumari For the Respondent/s : Mr. Pankaj Kumar AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The matter relates to appointment of Anganwari Sevika.

Claim has been made by the petitioner that the private respondent has wrongly been appointed as Anganwari Sevika, as her family members are in the Government service or the beneficiary of the government benefit.

The matter was heard and rejected by the District Programme Officer, Nawada in Miscellaneous Case No. 21 of

Patna High Court CWJC No.11653 of 2013 (7) dt.13-12-2016 2/2 2013, but in the last portion of the impugned order it has been recorded that the petitioner if so advised, may file an appeal before the Deputy Director, Welfare, Magadh Division, Gaya. The counsel for the petitioner submits that the petitioner may be allowed to withdraw this case with the liberty to file an appeal before the aforesaid authority. In such view of the matter, this petition is permitted to be withdrawn with the liberty to the petitioner to file an appeal before the Deputy Director, Welfare, Gaya Division, Gaya. While considering the limitation the Appellate Authority will consider the pendency of the case before this Court. This Court is not giving any opinion on the merit of the case.

(Shivaji Pandey, J) Mahesh/- U